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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MONDAY, MAY 24, 1993 SUBDIVISIONS (#237) The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided; Commissioner Duvall was present. Commissioner Disney will be attending the State Strategies for Sustainable Development Conference and will be out of town until June 1, 1993. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Associate Planner; John Pedas, Code Enforcement Officer; Elaine Spencer, Manager Engineering Operations & Planning; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves. Mr. Barnett noted that the Grasslands Subdivision Final Plat Addendum has been withdrawn. Mr. Barnett requested the Board table the South Heights Preliminary Plat until August 21, 1993; table the Mary V. Moore Minor Residential Development Addendum until June 14, 1993; table the Ingles Minor Residential Development until June 21, 1993; and table the Zoning Amendment Side Yard Setbacks in Re-1 Rural Estate until June 28, 1993. Discussion followed regarding the tabling of the Ingles Minor Residential Development item as several adjacent property owners appeared in opposition to this request. However, since the applicant was not present for today's hearing, it was decided to table this matter, as requested. M O T I O N Commissioner Duvall moved that the Board table the South Heights Preliminary Plat (#93-SU0248) until August 21, 1993; table the Mary V. Moore Minor Residential Development Addenum until June 14, 1993; table the Ingles Minor Residential Development until June 21, 1993; and table the Zoning Amendment Side Yard Setbacks in Re-1 Rural Estate until June 28, 1993, as requested by Mr. Barnett. Motion carried 2 - 0. Mr. Barnett advised the Board that the following is a consent item and will not be discussed in detail unless specifically requested by the Commission or members of the audience. 1. LINDEN RIDGE FIRST FILING PRELIMINARY PLAT (#92-SU0201): NE 1/4 11-07-68; SOUTH OF COUNTY ROAD 48, 1/2 MILE WEST OF COUNTY ROAD 3; 28.61 ACRES (5-24-93). This is a request to divide 28.61 acres into eight lots of 2.3 acres to 6.3 acres for single family dwellings. Mr. Kadera noted this item became consent after the Planning Commission and the Fort Collins Planning and Zoning Board recommended a modification to Condition #7 requiring that a full-time access be provided to this property rather than an emergency type access. Staff Findings include: 1) The proposed Linden Ridge Subdivision is consistent with the existing FA-1 Farming Zoning of the site; 2) The proposed subdivision is consistent with existing development in the vicinity; 3) There are some existing farming operations in the vicinity of this project, but there are no high intensity uses such as feed lots or dairies in the immediate area; 4) Approval of the proposed Linden Ridge Subdivision, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment. The Planning Commission/Staff Recommendation is for Approval of the Preliminary Plat for Linden Ridge First Filing, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes; 2) The first Final Plat shall not be recorded until the water line installed by East Larimer County Water District is operational; 3) All concerns expressed by the County Engineer and the County Drainage Administrator shall be addressed in the Final Plat applications; 4) A minimum setback of 100 feet shall be established on the appropriate Final Plat from the east property line to protect the area around the existing pond. This setback shall include any building or excavation; 5) The Final Plat applications shall include Homeowners' Association documents required by the Subdivision Resolution. These documents shall include information concerning the operation and maintenance of the irrigation system; 6) All improvements associated with this project shall be included in a Subdivision Improvements Agreement which shall be secured by appropriate collateral in a type and amount approved by the County Commissioners; 7) A second point of access, which is approved by the Poudre Fire Authority and the County Engineer, shall be provided; 8) Construction plans for water lines and access roads shall be subject to the approval of the County Engineer, County Drainage Administrator, Water District and the Fire Authority; 9) A note shall appear on the Final Plat concerning the payment of Off-Site Road Fees when building permits are issued for single family dwellings on this site; 10) A note shall appear on the Final Plat to indicate that there are farming operations in this area which might create noise, odors, dust or other possible unpleasant impacts on the residential uses in this subdivision. Larimer County will not take any action to interfere with any legally established use in this area. M O T I O N Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation with modified conditions and approve the Linden Ridge First Filing Preliminary Plat (#92-SU0201). Motion carried 2 - 0. 2. VASQUEZ ALLEGED VIOLATIONS: LOT 3, BLOCK 1, 1119 WRANGLER WAY AND LOT 5, BLOCK 3, 3919 SURREY RIDGE, LOVELAND (5-24-93) An alleged violation for storing trucks/equipment used in the seamless gutter business and having employees of the business parking their personal cars on the property during the day and picking up the business vehicles (J & P's Seamless Gutter Service), was heard on April 26, 1993. At that time, the Board tabled action on the alleged violation and instructed Staff to visit the area to determine if there are other existing violations in the neighborhood to assure that everyone is being treated fair and equal. Mr. Pedas stated that following inspections of the two above sites, the following conclusions were made: The business conducted at 1119 Wrangler Way clearly meets the definition of a "Home Occupation" and would be allowed; and no landscaping business is being operated from 3919 Surrey Ridge. Following further comments from Ms. Elliott, attorney for Mr. Vasquez, Donna and Ellsworth Zoller, Mike Eaton, and Lee Whitmore, adjacent property owners, regarding what Mr. Vasquez can and cannot do to come into compliance and what ruling the County can render to insure that all the residents are treated fairly and equally, it was determined that the only issue to be resolved is whether or not a residential dwelling can be used for commercial purposes and to what extent. M O T I O N Commissioner Duvall moved that the Board take this matter under advisement and will issue a written decision within two weeks to all adjacent property owners in the area containing specific guidelines with regard to what is allowed and not allowed in the neighborhood. The meeting adjourned at 10:05 a.m. TUESDAY, MAY 25, 1993 HEALTH AND HUMAN SERVICES COUNCIL (HHSC) QUARTERLY MEETING (#238) The Board of County Commissioners met at 9:30 a.m. in regular session with Paul Cooper, Chairman of HHSC. Chairman Hotchkiss presided; Commissioner Duvall was present. As previously noted, Commissioner Disney will be out of town this week. Also present were: Dr. Adrienne LeBailly, Health Department Director; Rena Mackrill, Human Development Director; Doug Keasling, Director Social Services; Neil Gluckman, Employment & Training Services Director; Dr. Keith Olson, Mental Health Executive Director; Bob Keister, Budget Manager; and Bill Gordon, County Administrator. Recording Clerk, S. Graves. 1. HHSC WORK SESSION AGENDA ITEMS: Mr. Cooper informed the Board that the HHSC two-day worksession planned in Estes Park has been cancelled due to the high season rates; therefore, they are going to meet locally for one day on June 24, 1993 to discuss their '93 goals using the Consensus Building Institute Process. They will plan a two day worksession later, possibly in the fall when rates are down. Mr. Cooper expressed interest in hearing expectations from the Board and noted they will be working on policy issues which affect them. Commissioner Duvall suggested they discuss the Vision Statement, in particular the idea of empowering individuals in communities rather than just providing services, and then offer suggestions to the Board how this can be accomplished. Mr. Cooper agreed to include this on their agenda. Commissioner Duvall asked what the Board can do to help HHSC; Dr. Olson requested the Board to be open to new ideas and new proposals when presented. Discussion of the Larimer County Vision Statement followed. An interpretation and consequences of Amendment #1 were discussed. Mr. Cooper requested direction from the Board whether or not he should apply for additional revenues and if other departments would be indirectly affected if these revenues were received. Chairman Hotchkiss suggested that Mr. Cooper proceed in applying for additional revenues and stated that the County is doing its best to interpret Amendment #1; "We are living with Amendment #1 the way we understand it." The meeting adjourned at 10:35 a.m. WEDNESDAY, MAY 26, 1993 ADMINISTRATIVE MATTERS (#239) The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioner Duvall was present. Commissioner Disney is out of town until June 1, 1993. Recording Clerk, S. Graves. 1. COMMISSIONER'S REPORTS: -- Commissioner Duvall asked if the County has a general policy to handle the numerous letters the Board periodically receives on a particular subject--such as, the Colorado Memory Systems Annexation. It was decided to draft a press release acknowledging receipt of the letters and outlining the Board's position on this matter. -- With regard to "going on the road" with the County's Vision Statement, Commissioner Duvall indicated her willingness to do this with the various departments. Mr. Gordon will arrange for these visits. -- Commissioner Duvall suggested that an invitation be issued in the "Inside Information" to all employees wishing to ride their horses in the Larimer County Fair Parade. It was also suggested that in addition to the horse contingency, there might also be a bicycle brigade. -- Chairman Hotchkiss requested Mr. Gordon to schedule a meeting with Dana Klausmeyer, Controller, to discuss Amendment #1 before financial documents are finalized. WORKSESSION: -- Mr. Timothy Stolz of Estes Park has requested a meeting with the County Commissioners to discuss the proposed Aquarium Complex at Estes Park. CONSENSUS OF THE BOARD was for Mr. Gordon to schedule this meeting. -- The Sheriff's Department has requested the Board to approve a waiver of policy to pay Erik Nilsson at salary Step H. Mr. Nilsson was recently hired as the new Emergency Management Specialist at salary grade 44 and previously was paid at salary grade 47. Mr. Jacobs, Personnel Director, supports this waiver of policy. CONSENSUS OF THE BOARD was to approve this request. -- Mr. Gordon asked if the Board wished to schedule their annual "Bratwurst on the Barbie" again as a fundraiser for United Way. Mr. Gordon reminded the Board that the Commissioners and Elected Officials each contribute $20 and serve the bratwurst; department heads and employees volunteer to bring beans and cokes and last year King Soopers contributed chips. CONSENSUS OF THE BOARD was for Mr. Gordon to schedule this event again. -- Mr. Gordon will notify the National Association of Counties (NACO) that none of the Larimer County Commissioners will be attending the 58th Annual Conference in Chicago, Illinois on July 16-20, 1993. -- Subsequent to the installation of security controls on the second floor of the Courthouse, County Clerk Ms. Rodenberger has requested the Board to consider three entry checkpoints on the main floor of the Courthouse both to protect our employees and to regulate the entry of potentially dangerous weapons. Following discussion, the Board decided to take this matter under advisement and possibly discuss it at the next Elected Official's Meeting. -- Lisa Sadar, Executive Director for the Humane Society, would like to have a County-wide policy, similar to one in the Loveland Ordinance, stating that persons 62 years or older owning a neutered or spayed dog or cat are not required to pay for licensing. Also, Ms. Sader would like to have a combined rabies-license tag; the Veterinarian's Association wants separate tags. On Mr. Gordon's recommendation, the Board deferred action on these matters until a meeting is scheduled with the Humane Society to discuss them further. -- Mr. Gordon reviewed with the Board the numerous invitations they have received and, upon checking their calendars, each Commissioner decided which event they will or will not attend. 3. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board: M O T I O N Commissioner Duvall moved that the Board approve the Minutes for the week of May 17, 1993, and the Agenda for the week of May 31, 1993, as submitted. Motion carried 2 - 0. M O T I O N Commissioner Duvall moved that the Board approve the following miscellaneous documents: Ptarmigan Subdivision Plat and the Mehl Minor Residential Development Plat. Motion carried 2 - 0. LIQUOR LICENSES: A License was issued to the Inlet Bay Bar & Grill - 6% - Fort Collins, CO. County Approval was granted to J. J.'s Country Corner - 3.2% - Fort Collins, CO; J. J.'s Lounge - 6% - Fort Collins, CO; and a Waive of Hearing for a Change of Ownership for R.T.W. Inc., dba Hauf Brau Restaurant, 1901 E. Lincoln Avenue, Fort Collins, CO. for a 6% Hotel & Restaurant Liquor License. M O T I O N Commissioner Duvall moved that the Board approve the following documents: A93-104 LICENSE AGREEMENT FOR CLUB OPERATIONS - CARTER LAKE COLORADO BIG THOMPSON PROJECT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CARTER LAKE SAIL CLUB, INC. A93-105 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CATHOLIC COMMUNITY SERVICES/NORTHERN, DIVISION OF CATHOLIC CHARITIES AND COMMUNITY SERVICES, INC. (THE MISSION) (Provision of Operating Costs for Shelter for the Homeless) A93-106 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CROSSROADS SAFEHOUSE INC., (Same as Above) C93-23 EMERGENCY SHELTER GRANT (ESG) CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING (Funds for the Homeless) D93-12 DEED OF DEDICATION BY ADAMS, ET AL (Dedication of a Portion of Property as Public Highway - Project #178 - Pingree Hill Road R93-65s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF WYKOFF MINOR RESIDENTIAL DEVELOPMENT R93-66s FINDINGS AND RESOLUTION CONCERNING THE PRELIMINARY PHASE PLAN OF ASPENBROOK P.U.D. PHASE II R93-67s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF BLAND MINOR RESIDENTIAL DEVELOPMENT R93-68s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF BRIARWOOD MINOR RESIDENTIAL DEVELOPMENT R93-69s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MAJORS MINOR RESIDENTIAL DEVELOPMENT R93-70z FINDINGS AND RESOLUTION CONCERNING THE PETITION OF FENDER REQUESTING AMENDMENT TO THE FENDER REZONING SITE PLAN R93-71s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF HAUMONT MINOR RESIDENTIAL DEVELOPMENT R93-72s FINDINGS AND RESOLUTION CONCERNING THE AMENDED PLAT OF PRIME MINOR RESIDENTIAL DEVELOPMENT R93-73z FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MIZER MINOR RESIDENTIAL DEVELOPMENT AND REZONING Motion carried 2 - 0 The meeting recessed at 10:25 a.m. The Board reconvened at 10:40 a.m. for Legal Matters with George Hass, County Attorney, and Jeannine Haag, Assistant County Attorney. Also present were Bob Grewell, Director of Finance, and John Barnett, Director of Planning. Two documents were presented for Board approval and the Chairman's signature: M O T I O N Commissioner Duvall moved that the Board approve the Subdivision Exemption Agreement between the Board and Billy and Susan Steele. Motion carried 2 - 0. A93-107 SUBDIVISION EXEMPTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BILLY J. AND SUSAN J. STEELE M O T I O N Commissioner Duvall moved that the Board approve an Intergovernmental Agreement for Project D.A.R.E. between Larimer County and Poudre R-1 School District. Motion carried 2 - 0. A93-108 INTERGOVERNMENTAL AGREEMENT FOR PROJECT D.A.R.E. BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND POUDRE R-1 SCHOOL DISTRICT M O T I O N Commissioner Duvall moved that the Board go into Executive Session to discuss litigation. Motion carried 2 - 0. The meeting adjourned at 11:50 a.m.; no action taken. ________________________________ ( S E A L ) COURTLYN W. HOTCHKISS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: ______________________________________ Sherry E. Graves, Deputy County Clerk